IF YOU ARE CONTACTING THE POLICE & CRIME COMMISSIONER FOR A PRESS ENQUIRY
PLEASE RE-DIRECT YOUR EMAIL TO: [email address]

This mailbox is not monitored 24/7 and if your email relates to an
operational policing matter requiring urgent police attention or
assistance, such as a report of crime or a safety concern then please
contact Avon and Somerset Constabulary by dialling 101 or via their
website at this[1] link. 
If it is an emergency please dial 999 and ask the operator for the
Police.  
 
Thank you for contacting the Police and Crime Commissioner (PCC). This is
to acknowledge receipt of your message.
The PCC values your feedback and only by listening to your views can she
truly ensure that the voice of the public is heard in policing. Emails are
one of the best ways to communicate with the PCC, however you will
appreciate that the PCC receives a considerable number of letters, emails
and telephone calls every day. This contact has increased as a result of
COVID-19 and the OPCC will always seek to provide responses to queries or
questions where we are able. Please note that the most up to date
information on the government restrictions and guidance is available
[2]here.

Regretfully we cannot manage or respond to reports of COVID-19 related
restriction breaches. If you are wanting to report a breach of the
COVID-19 government restrictions then please do so via the Avon and
Somerset Police website:
[3]https://www.avonandsomerset.police.uk/re...

Please kindly accept that correspondence will need to be prioritised and
if a response is required, the PCC will aim to reply within 30 working
days. 

Information about how we use your personal data can be found in the PCC’s
Privacy Information and Privacy Notice [4]here.
You can stay up-to-date with the work of your Police and Crime
Commissioner by signing up online to receive regular newsletters
at [5]www.avonandsomerset-pcc.gov.uk.
You can also follow her on Twitter @AandSPCC and @SuMountstevens - or by
liking us on Facebook.

Yours faithfully
Avon and Somerset Police and Crime Commissioner’s Office
Avon & Somerset Police & Crime Commissioner, Valley Road, Portishead,
Bristol BS20 8JJ
Tel: 01278 646188
[6]www.avonandsomerset-pcc.gov.uk

References

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Our ref: FOI
832                                                                                                

15^th October 2020

Dear Ms Calloway

RE: FREEDOM OF INFORMATION REQUEST

Having completed my search for the information that you requested on 14^th
October 2020, I can confirm that this is not held by the Office of Avon
and Somerset Police and Crime Commissioner, which is a separate
organisation to Avon and Somerset Police.

With the aim of assisting you, I have referred your request to Avon and
Somerset Police Freedom of Information Department.  If you do not get a
direct reply from the Police and wish to follow up your request then you
can write to:

Freedom of Information Team

Corporate Information Management

Avon and Somerset Constabulary HQ

PO Box 37

Valley Road

Portishead

Bristol

BS20 8QJ

Or contact the team on-line at:

[1]https://www.avonandsomerset.police.uk/ab...

May I also suggest that you review the Police publication scheme on-line
at:

[2]https://www.avonandsomerset.police.uk/ab...

If you have any queries about my reply and actions then please contact me
again, quoting the reference number above in any future communications. 
If you are unhappy about how I have dealt with your request and wish to
make a complaint or request a review of my decision then you can write to:

       The Chief Executive

       Avon and Somerset Police and Crime Commissioner’s Office

       Valley Road

       Portishead

       Bristol

       BS20 8JJ

Thank you for your interest in Avon and Somerset Police.

Yours sincerely,

Freedom of Information Officer

Avon and Somerset Police and Crime Commissioner’s Office

Valley Road, Portishead, Bristol BS20 8JJ

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Thank you for your request for information. Your request will now be
considered and you will receive a response within the statutory timescale
of 20 working days as defined by the Act. In some circumstances Avon and
Somerset Constabulary may be unable to achieve this deadline if
consideration needs to be given to the public interest test. If this is
likely you will be informed and given a revised time-scale at the earliest
opportunity.

From: #PCC <[email address]>
Sent: 14 October 2020 14:59
To: #Freedom of Information Requests
<[email address]>
Subject: FW: Freedom of Information request - Text and Facebook messages
between Nathan Matthews and Shauna Hoare - PCC Ref CON-028587

Good afternoon

The PCC has received the FOI request below which relates to information
which is not held by this office.

Please can you confirm that you would be happy to handle on behalf of the
Constabulary? If not, the PCC's office can reply that the information is
not held by us.

If you accept to own it, I will ‘BCC’ you in to my standard reply to the
Contactee, saying that it has been passed to Avon and Somerset Police to
handle.

Please can you copy in #PCC ([1][Avon and Somerset PCC request email]) on your
reply to the contactee.

Thank you and kind regards

Rachel Daniel

Administration and Contact Handling Officer

Avon & Somerset Police & Crime Commissioner

+--------------------------------------------------------------------------------------------------+
| |Avon and Somerset Police and Crime Commissioner, |
| |Valley Road, Portishead, Bristol, BS20 8JJ |
| | |
| |[3]01278 646 188 |
|[2]avon-and-somerset-pcc-logo|[4]avonandsomerset-pcc.gov.uk |
| | |
| |  |
| | |
| |[5]avon-and-somerset-pcc-twitter   [6]avon-and-somerset-pcc-facebook|
+--------------------------------------------------------------------------------------------------+

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Lily Calloway Our 1010/20
Reference
[FOI #698589 email] Date 11
November
2020

Dear L Calloway

Re: Request for information dated 14^th October under the Freedom of
Information Act.

I write in connection with your above request where you asked as follows:-

1) Could you please send me a copy of the text messages between [xxx] and
[xxx] as used in evidence in relation to the murder of [xxx].

2) Could you please send me a copy of the Facebook messages between [xxx]
and [xxx] as used in evidence in relation to the murder of [xxx].

3) Please note, I will accept 1 and 2 with redacted information if 1 or 2
contain information that would cause this request to be rejected,
providing the redacted information is labelled as such.

Our response:

Your request has been considered and I am not obliged to provide the
information requested as it is deemed exempt by virtue of the following
exemptions:

Section 38(1) – Health and Safety.

Section 40(2) – Personal Information.

Section 38 is a qualified and prejudice based exemption therefore as well
as considering the public interest in disclosure, there is a requirement
to articulate the harm that would be caused by disclosure. Please see this
below:

Harm in disclosure

The information requested relates to an investigation into a murder case.
Releasing copies of messages used as evidence would likely endanger the
physical or mental health of an individual in terms of reviving
distressing memories for the victim’s family and friends.

Public Interest Considerations

Factors favouring disclosure

Disclosure could lead to a better awareness of this type of investigation
and enable a better informed debate to be undertaken. Furthermore, the
public has a right to know that public funds are resourced appropriately.

Factors favouring non-disclosure

Release of the information is likely to expose individuals to distressing
memories thus risking harm to their mental well-being. This would be
relevant to the close friends and family of the victim as well as any
other individual involved in the investigation. The constabulary takes
their responsibility to protect both the physical and mental health and
safety of the communities we serve seriously and any information that
could jeopardise this will not be released. The public would lose
confidence in our commitment to protecting the wellbeing of our community.

Balancing test

After weighing up the competing interests, I have determined that the
disclosure of the above information would not be in the public interest.
Although the information requested would be considered interesting to some
members of the public, it is not in the public interest to disclose this.
I believe the importance of the factors favouring non-disclosure outweigh
those considerations favouring disclosure.  At this time the potential
harm outweighs any tangible community benefit in complying with section
1(1)(b) of the Act.

Section 40 is an Absolute exemption so therefore there is no requirement
to conduct a harm or public interest test. Any information is exempt from
disclosure under the Freedom of Information Act if it relates to or is
supplied by another individual and disclosure of that information would
contravene any of the data protection principles set out in:

(a) Article 5(1) of the GDPR, and

(b) section 34(1) of the Data Protection Act 2018;

A Freedom of Information disclosure is a disclosure to the world.
Therefore information that is provided can be viewed by any member of the
public. To provide the information you have requested may have severe
consequences. For example, an individual could identify themselves, and be
aware that their personal data has been used unlawfully.

Should the information be provided in a format in which a living
individual could be identified, this would constitute personal data. This
would be a breach of rights provided under the Data Protection Act 2018.
Information held on an individual by Avon and Somerset Constabulary is
done so lawfully and is used for a policing purpose in line with the
principles set out in the GDPR. Our privacy policy can be viewed [1]here.

This letter represents a refusal notice for your request.

Yours sincerely

Adam Northcott

Disclosure Officer

Mail: Freedom of Information, Legal Services Directorate, Avon and
Somerset Constabulary, Force HQ, PO Box 37, Valley Road, Portishead,
BRISTOL, BS20 8QJ

Email  [2][email address]

[3]www.avonandsomerset.police.uk  |  Follow us on [4]Twitter and
[5]Facebook

Please note:

1.                    Requests and responses may be published on Avon and
Somerset Constabulary’s website (within 24 hours), some of which may

contain a link to additional information, which may provide you with
further clarification.

2.                    Whilst we may verbally discuss your request with you
in order to seek clarification, all other communication should be made in

writing.

3.                    Avon and Somerset Constabulary provides you with the
right to request a re-examination of your case under its review

procedure (copy attached).

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